Courts act
Judiciary law (Courts act) Chapter one: The courts § 1. The regular courts are: 1. Supreme Court 2. Lawman's Court 3. District Court 4. Mediation Service The mediation service is a institution with limited juridiction that may settle small claims and disputes. § 2. The special courts are: 1. National Court (Impeeachment) 2. - - - § 3. The supreme court has it's seat in the kingdom's capital, except for when special circumstances prevents it. § 4. The district court is to have a magistrate and as many district court judges as is ruled at any time. § 5. In all courts the process of the criminal case shal bee as follows if nothing else is ruled. 1. Arraignment :: The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," not guilty" or "no contest" to those charges. The judge will also review the defeant's bail and set dates for future proceedings. 2. Preliminary Hearing or Grand Jury Proceedings :: A preliminary hearing, or preliminary examination, is an adversarial proceeding in which counsel questions witnesses and both parties makes arguments. The judge then makes the ultimate finding of probable cause. The grand jury, on the other hand, hears only from the prosecutor. The grand jury may call their own witnesses and request that further investigations be performed. The grand jury then decides whether sufficient evidence has been presented to indict the defendant. 3. Pre-Trial Motions :: :: Pre-trial motions are brought by both the prosecution and the defense in order to resolve final issues and establish what evidence and testimony will be admissible at trial. 4. Trial :: :: At trial, the judge or the jury will either find the defendant guilty or not guilty. The prosecution bears the burden of proof in a criminal trial. Thus, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crimes charged. The defendant has a constitutional right to a jury trial in most criminal matters. A jury or judge makes the final determination of guilt or innocence after listening to opening and closing statements, examination and cross-examination of witnesses and jury instructions. If the jury fails to reach a unanimous verdict, the judge may declare a mistrial, and the case will either be dismissed or a new jury will be chosen. If a judge or jury finds the defendant guilty, the court will sentence the defendant. 4. Sentencing :: :: During the sentencing phase of a criminal case, the court determines the appropriate punishment for the convicted defendant. In determining a suitable sentence, the court will consider a number of factors, including the nature and severity of the crime, the defendant's criminal history, the defendant's personal circumstances and the degree of remorse felt by the defendant. 5. Appeal :: :: An individual convicted of a crime may ask that his or her case be reviewed by a higher court. If that court finds an error in the case or the sentence imposed, the court may reverse the conviction or find that the case should be re-tried. § 6. If the volume of cases requires it, the supreme court may in cases decided by five judges be split into serveral committees. Written 20/05/20116 (DD/MM/YYYY) Author: Metacynical Category:Laws